2023-09-19 18:11:00
Through a protection of rights, supported this Monday by his lawyer Juan Walter Sifuentes Bustillos before the Judiciary (PJ), the former president questioned that the legal procedure was not followed to record information in said minutes and that, people who intervened later, such as the National Prosecutor, Patria Benavides, and two other prosecutors, did not sign the document.
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It is not the first time that Pedro Castillo, who is serving 18 months of preventive detention for said case, presents a similar request. In February of this year, he had alleged that he was detained even though he still had presidential immunity. However, the Supreme Court rejected this argument.
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This Monday’s hearing was led by the supreme judge of preparatory investigation, Juan Carlos Checkley Soria, who reported that he will resolve the request in the coming days.
The arguments of Pedro Castillo’s defense
We turn to your office with the purpose of having our document taken into account, we support it orally, so that you may promptly declare the protection of rights against the Attorney General of the Nation, Liz Patricia Benavides Vargas, founded; regarding the police intervention report of the tax file”
Juan Walter Sifuentes Bustillos, Pedro Castillo’s lawyer
The purpose, he maintained, is to exclude from the tax file the police documents that supported the flagrante detention, drawn up at the headquarters of the Police Region, located on Avenida España.
According to the lawyer, when Castillo was intervened, the police intervention report prepared by PNP Colonel Walter Ramos Gómez did not detail or develop the facts of said action.
Then, he alleged, that Castillo had been irregularly transferred to the headquarters of the Police Region despite the fact that – in his opinion – the norm indicates that flagrante delicto crimes are assumed by the Criminal Investigation Directorate.
“(That the act of protection of rights dated December 7 generated by PNP Colonel Walter Ramos Gómez be excluded, since this act was not signed by the prosecutors and that proof of good treatment, seizure and chain is attached custody,” the lawyer requested.
Furthermore, he stated that, although Patricia Benavides and two other prosecutors went to the police headquarters, they did not sign the minutes prepared by Colonel Ramos and, on the contrary, they wrote an additional statement. He also assured that incompatibility was incurred by allowing the presence of Aníbal Torres, as Castillo’s lawyer, despite the fact that he was an advisor to the presidency of the Council of Ministers.
“This is an abuse of authority on the part of the Attorney General and two other prosecutors, since it is a disproportionate act outside the Constitution, they have committed a crime, a crime against public faith. If we verify, this report that the prosecutors drew up was drawn up at 2:20 p.m. and if we take into account that the police intervention report was completed at 3:52 p.m., he assured.
Prosecutor of the Nation, Patricia Benavides, present in proceedings against detained Pedro Castillo
The Prosecutor’s Office and the Attorney General’s Office reject the appeal and distort Castillo’s arguments
The deputy supreme prosecutor, Sylvia Sack, requested that the protection of rights be declared unfounded, rejecting that the norm requires an exhaustive detail of the charges at the time of arrest in flagrante delicto.
He alleged that they left “record” of what happened during the arrest, as required by law; since the purpose of the “intervention record” is to record the form and circumstance of the intervention.
Furthermore, he argued, the minutes of intervention, reading of rights and personal record record all the details of the detainee and the reason for the measure. That is, the flagrant crime of alleged rebellion.
“Therefore, the minutes sufficiently allow us to identify the investigated Castillo Terrones, with his full name, DNI and his real address,” he said.
Subsequently, the prosecutor specified that the vacated former president was taken to the Police Region, for “security reasons” due to the social upheaval that had developed in previous days.
Regarding the report prepared by the Attorney General’s Office, he rejected that it had been hidden and specified that they are not part of the flagrante detention directives, but that despite this, they are in the tax file. For this reason, he described it as “tendentious and malicious” for Castillo’s defense to offer them as evidence of the alleged violation of rights.
He assured that the presence of Benavides Vargas and others was due to the communication made by the head of State Security to the Prosecutor of the Nation about the arrest of the former president today.
Finally, he assured that Castillo Terrones himself accredited Aníbal Torres from the beginning of his intervention, and there was no incompatibility.
There was no incompatibility on their part, because although Torres was advisor II of PCM, that did not limit him from making a technical defense, since it is only limited when it was a case of the institution where he worked.
Sylvia Sack, Deputy Supreme Prosecutor
For its part, the State Attorney General’s Office, through lawyer Ghecenia Vélgika Rafaele Bautista, asked the judge to declare the protection of rights unfounded.
He argued that the regular police detention procedure was followed in accordance with the law and that Castillo Terrones’ right to defense has been guaranteed at all times.
Regarding the information contained in the minutes, he stated that even if they are not signed or some information has been omitted, they would only be invalid when there was no “certainty about the identity of the person intervened” or if it were not signed by the agent who carried out the intervention. .
However, this situation did not occur since the documents identify the former president, and it was even televised.
On the other hand, he stated that in flagrante delicto, police intervention must be quick and through urgent actions, and for this reason the person under investigation was transferred to another facility to continue with the preparation of the minutes. He added that the rule allows that the tax provision can be issued after the intervention act.
Regarding the participation of Aníbal Torres as a lawyer, he specified that what corresponded to the PNP was not to identify his resume but to ensure Castillo’s defense. Therefore, if the incompatibility had existed, the person who would have been informed was the former minister himself.
“Guardianship is a way of guaranteeing against possible injuries to fundamental rights. In this present case, the Police have guaranteed the defense and active exercise of Castillo Terrones, through his lawyer represented by himself,” he concluded.
Pedro Castillo says that he was not fleeing and that he would return from the Mexican embassy
From the Barbadillo prison where he is serving preventive detention, Pedro Castillo spoke insisting on his theory of having been “kidnapped” by the police.
“They tell me that there is an order to take him to the Prefecture; Tell me, Mr. Magistrate, is that not a kidnapping? As a result of that, all those things are generated. As a result of that, they gave me forms, who signs this, signs the other. Several people came, the Prefecture was filled with police, the National Prosecutor came. “This was all part of a plot,” she alleged.
Castillo Terrones insisted on maintaining that he was not fleeing; but that he would leave his family at the Mexican Embassy and return to the Palace.
“I was not fleeing, there was no type of flagrante delicto, I was going to leave my family at the Mexican Embassy, because the harassment of a family that comes from the interior of the country was enormous,” he says, upon becoming a victim again.
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At the beginning of his speech, he even stated that he was still president of the Republic. “The speaker is the President of the Republic, José Pedro Castillo Terrones,” he said.
According to the former president, he was pointed at with machine guns when, along with his family, he was heading aboard two vehicles towards the Mexican Embassy.
He added that he was in the so-called “chest” along with his youngest daughter, his wife Lilia Paredes and Aníbal Torres, former head of the Cabinet and at that time advisor to the Presidency of the Council of Ministers.
On July 14, also during a hearing, Supreme Judge Juan Carlos Checkley responded to Castillo’s claim. “Mr. Castillo, I tell you again, you are not kidnapped. There is a court order for which you are under a preventive detention order.”
Who is your lawyer?
Juan Walter Sifuentes, defended Pedro Castillo
Juan Walter Sifuentes Bustillos is one of the lawyers of former President Pedro Castillo. According to his personal Facebook account, he actively participated in collecting signatures for the constituent Assemblyin August 2022, organized by the PEX (Parties Abroad) and the Agora Popular collective.
Watch the full hearing here:
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